Decisive, Aggressive Action in Cases of Domestic Violence
Allegations of domestic violence within families or spousal (partner) abuse is a very emotional issue since it involves loved ones. Domestic violence can happen to you regardless of your socioeconomic background, gender, age, race, sexual orientation, religion, or education level. Not only does domestic violence affect those who are abused, but it also has significant consequences for family members (especially children), friends, co-workers and the community at large. Children who are frequently exposed to violent behavior in the home may well develop social and physical problems and are at risk of becoming society’s next generation of abusers or victims.
When faced with domestic violence you need to seek help from of a Family Law attorney that understands the emotions involved and will take aggressive and decisive action to preserve your rights. At the Minaya Law Offices in Plantation, Florida we are experienced trial attorneys in domestic violence/family violence litigation and violation of protective orders.
What Is Domestic Violence in Florida?
The Florida Statutes defines “Domestic violence” as any assault, battery, sexual assault/ battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.
Domestic violence is a pattern of abusive behavior by one person against another in a domestic setting and it normally used by one partner to gain or retain power and control over the other. Domestic violence can be verbal, economic, physical, sexual, emotional, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Victims of domestic violence may be trapped in violent domestic situations through isolation, power and control, cultural acceptance, lack of financial resources, fear, shame, or to protect children.
The Minaya Law Offices is well versed in the complexities of domestic violence law that are far more expansive than abuse between a man and a woman and which covers same-sex relationships, intimate partners living together or just dating.
Penalties and Sentences in Florida
The minimum term of imprisonment for a person adjudicated guilty of domestic violence and has intentionally caused bodily harm to another person is five days in the county jail as part of the sentence imposed. The court can also sentence a convicted domestic violence offender to a period of imprisonment in Florida state prison or alternatively probation or community service.
Domestic violence/family violence allegations are very serious in Florida and even if you are innocent of the underlying domestic violence issue, you can still be convicted of a felony if you violate a protective order or a civil restraining order.
Consequences of Domestic Violence
With the assistance of a Domestic Violence Attorney at the Minaya Law Offices, we can help you as the victim or offender to deal with the legal issues that may result after a domestic abuse incident, including:
- Criminal charges against the offender including assault, battery, sexual assault, and rape.
- Restraining orders issued by a judge that requires the defendant to stay a certain distance from the victim, and can prohibit communication with the victim.
- Loss of custodial and visitation rights to the best interest of the child and the defendant and may be prohibited from visiting the child.
- Payment of monetary damages by the defendant to cover the financial losses (such as hospital bills or pain and suffering).
- Attending counseling or rehabilitation sessions/courses by the abuser, victim and/or witnesses.
- Loss of various rights such as the right to a driver’s license or owning a firearm.
Contact a Florida Family Lawyer experienced in Domestic Violence
The Minaya Law Offices is capable of representing you in making allegations of domestic violence, or if you are accused of domestic violence. We can work with you to obtain a restraining order to help you prevent further abuse. If you have been accused of domestic violence, you have a limited time to challenge restraining orders. We understand that it can affect your child custody and visitation rights.
Domestic violence is a very serious issue with legal ramifications to both the offender and the victim. You should seek the counsel of the Minaya Law Offices in Plantation, Florida. For more information, complete the contact form or do not hesitate to call954-526-9092. Legal advice can make an enormous difference throughout domestic violence proceedings and the outcome of your case. Se habla Español.